SURESH PATRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 of Cr.P.C. has been filed against the judgment and sentence dtd. 28/12/2011 passed by 1st Additional Sessions Judge, Dabra, Distt. Gwalior in S.T. No.196 of 2010 by which the Appellants have been convicted and sentenced for the following offences : <FRM>JUDGEMENT_69_LAWS(MPH)8_2022_1.html</FRM>

(2.) According to the prosecution case, the complainant Mahesh (Injured eye-witness) along with his injured wife Bhagwati, lodged a Dehati Nalishi in 108 Ambulance to the effect that on 10/3/2010 at about 5 P.M., he was cutting his gram crop in his field. At that time, the appellant Suresh and Devendra, who were armed with iron rod and lathi respectively, came there and scolded the complainant as to why he has falsely alleged against them about theft of crop. When the complainant disputed the allegation, then both the appellants assaulted him on his both legs, as a result, his both legs were broken. He also suffered injuries on his both hands. When his wife Bhagwati tried to intervene in the matter, She too was assaulted by Suresh on her head by an iron rod. Devendra broke both of her legs by assaulting her by lathi. She also sustained injuries above her eye-brows. The incident was witnessed by Atmadas, Kriparam, Kamal Kishore, Anand etc. On the basis of Dehati Nalishi, FIR was lodged. Both the injured were sent for medical examination. During treatment, Bhagwati lost her life. Merg intimation was recorded. MLCs of Bhagwati and Mahesh were obtained. Post- mortem of dead body of Bhagwati was got done. Safina form was issued and lash Panchnama was prepared. Spot map was prepared. Blood stained, plain earth, gents and ladies chappals, broken pieces of bangles etc were seized from the spot. Statements of witnesses were recorded.

(3.) The Trial Court by order dtd. 13/7/2010, framed charges under Ss. 307/34 and 302/34 of IPC.